Jeremy Ogilvie-Harris

Call: 2019

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Jeremy Ogilvie-Harris
George Regan, Senior Practice Manager

Jeremy is a pupil at Cornerstone Barristers with experience in public law, human rights and civil liberties, housing and homelessness, and welfare benefits. He also has an interest in developing a practice in planning, environment and climate law, and information and data protection law and has started to undertake work in these fields.

Prior to pupillage, Jeremy was the Public Law and Welfare Benefits Supervisor and a Housing and Benefits Caseworker at the Hackney Community Law Centre from July 2019 to May 2023. He was also the Planning Voice Caseworker at Southwark Law Centre from January to May 2023. He has an LLM in Public Law from UCL and taught Public Law to undergraduate students at Queen Mary University from January 2022 to May 2023.

Jeremy has been supervised by Andrew Lane, Ruchi Parekh and Riccardo Calzavara.

Expertise

  • Public Law and Judicial Review

    Prior to pupillage, Jeremy was the Public Law and Welfare Benefits Supervisor at the Hackney Community Law Centre (‘HCLC’).

    At HCLC, Jeremy represented benefits applicants in the Upper Tribunal (Administrative Appeals Chamber), both as an advocate and a caseworker who instructed counsel, challenging First-tier Tribunal (Social Entitlement Chamber) decisions on public law grounds including:

    • JG v SSWP (IIDB) (2019) unreported: whether the FtT applied the correct legal test or gave adequate reasons in an industrial injuries disablement benefit appeal (as advocate).
    • JP v SSWP (DLA) (2020) unreported: representing a child with autism in a disability living allowance appeal, as to whether a child’s behaviour was unpredictable because the events that triggered that behaviour were themselves unpredictable (as advocate).
    • AE v SSWP (DLA) (2021) unreported: whether the FtT had applied the correct legal test and considered the relevant medical evidence when determining a disability living allowance appeal (as advocate).
    • Waltham Forest LBC v PO (HB) [2022] UKUT 58 (AAC): whether the FtT applied the correct legal test for the qualified carer exemption to “bedroom tax” for housing benefit (as caseworker).
    • DG v Bromley LBC (HB) (2023) unreported: whether the failure of a housing benefit officer to record information communicated orally to them was an official error of the purposes of housing benefit overpayments (as advocate).
    • HM v Secretary of State for Work and Pensions (BB) [2023] UKUT 15 (AAC): whether the exclusion of cohabiting partners without children from claiming bereavement benefit was in beach of articles 8 and 14 and article 1 of protocol 1 ECHR (as caseworker).

    As a caseworker, Jeremy frequently conducted or assisted solicitors on judicial review cases including:

    • Assisting the solicitor with conduct in R (Day) v SSWP [2021] EWHC 608 (Admin) [2021] P.T.S.R. 1342 concerning the lawfulness of the SSWP’s policy on fine deductions from Universal Credit.
    • Assisting the solicitor with conduct in R (Akinsanya) v SSHD [2022] EWCA Civ 37 [2022] 2 W.L.R. 681 concerning the lawfulness of the EU Settlement Scheme for Zambrano carers.
    • Issuing and settling a claim in R(RQ) v Croydon LBC (2022) concerning the lawfulness of Croydon LBC’s allocations scheme and application form.
    • Jeremy frequently relied upon public law grounds in homelessness and housing allocations cases at a pre-action stage including under the review process under section 202 of the Housing Act 1996.

    During pupillage, Jeremy has assisted with:

    • Drafting grounds of defence for local authorities to judicial review claims and appeals under section 204 of the Housing Act 1996 in housing allocation and homelessness cases, including defences to human rights claims.
    • Advising local campaign groups on the merits of planning and environment judicial review claims.
    • Advising both developers and the Secretary of State in relation to public law challenges to Inspectors’ planning decisions.
  • Human Rights and Civil Liberties

    Jeremy has a strong commitment to and experience of human rights and civil liberties law. Prior to pupillage, Jeremy was the Public Law and Welfare Benefits Supervisor at the Hackney Community Law Centre (‘HCLC’) and volunteered for the Liberty Advice Line. He previously taught Public Law, which included human rights, at Queen Mary University.

    At HCLC, Jeremy gained experience of ECHR and EU Charter of Fundamental Rights cases, both as an advocate and a caseworker who instructed counsel including:

    • LK v SSWP (PIP) (2022) unreported: successfully arguing in the FtT that the past presence test for Personal Independence Payment was unlawfully discriminatory against victims of domestic violence with indefinite leave to remain under the domestic violence settlement route in breach of article 1 protocol 1 and article 14 ECHR (as advocate).
    • SE v SSWP (UC) (2023) unreported: a case in the FtT arguing that the exclusion of victims of domestic violence with pre-settled status but without an underlying right to reside was in breach of article 1 protocol 1 and article 14 ECHR and the EU Charter. This case was stayed behind AT v SSWP [2023] EWCA Civ 1307; [2024] 4 C.M.L.R. 10 (as advocate).
    • FE v HMRC (CTC) (2023) unreported: a case in the FtT arguing that requiring a disabled individual to respond to a tax credit notice under section 17 of the Tax Credit Act 2002 without further support was in breach of articles 8 and 14 ECHR and article 1 of protocol 1 ECHR (as advocate).
    • HM v SSWP (BB) [2023] UKUT 15 (AAC): whether the exclusion of cohabiting partners without children from claiming bereavement benefit was in beach of articles 8 and 14 and article 1 of protocol 1 ECHR (instructing counsel).

    Jeremy has experience of the application of section 10 of the Legal Aid, Punishment and Sentencing of Offenders Act 2012, under which legal aid must be granted if refusal to do so would lead to a breach, or risk a breach, of an applicant’s Convention rights. He has written on this subject for the Legal Action Group: https://www.lag.org.uk/article/211997/tips-on-getting-exceptional-case-funding-for-welfare-benefits-appeals.

    Jeremy has a strong commitment to the rule of law and the constitutionality of legislative provisions. He contributed to the amendment of section 10 of the Nationality and Border Act 2020 in relation to the Home Secretary’s proposal to be able to deprive individuals of British citizenship without providing notice of the decision. He wrote an article for the UK Constitutional Law Association about the constitutionality of the proposed power. This was relied upon by Lord Anderson of Ipswich KC, the former Independent Reviewer of Terrorism Legislation, in negotiations with the Government to redraft the relevant provision: https://www.middletemple.org.uk/treasurers-lecture-10-october-2022.

    During his Public Law LLM, Jeremy wrote his dissertation on the right to a fair hearing in the deprivation of citizenship decision-making process, in the national security context, comparing provisions in the UK, Canada, New Zealand and Australia. He also wrote an essay on the litigation of climate rights in Canada, the Netherlands and the UK, under the Canadian Charter of Rights and Freedoms and ECHR respectively.

    While volunteering at Liberty, Jeremy advised on a wide range of human rights issues including Schedule 7 of the Terrorism Act 2000, complaints to the Independent Office of Police Conduct and actions against the police, and surveillance by the security services.

    During pupillage, Jeremy assisted with:

    • Advising a local authority on and drafting a skeleton argument in relation to the impact of AT v SSWP [2023] EWCA Civ 1307; [2024] 4 C.M.L.R. 10 on eligibility decisions for homeless applicants with pre-settled status and when the threshold for breach of article 1 of the EU Charter of Fundamental Rights would be met in the context of a section 204 Housing Act 1996 appeal.
    • Advising and drafting a pre-action protocol letter for a law centre challenging a refusal to grant Legal Aid for information tribunal proceedings where a refusal to do so was argued to breach the applicant’s rights under article 10 ECHR.
    • Drafting grounds of defence to a judicial review of a local authority’s allocations scheme being challenged under articles 8 and 14 ECHR.
    • Drafting representations in a councilor code of conduct matter where article 10 ECHR was engaged in respect of political speech.
  • Housing

    Jeremy has extensive experience in housing, homelessness and allocations having worked as a Housing and Benefits Case Worker at the Hackney Community Law Centre (‘HCLC’) for four years.

    Jeremy is keen to develop a practice in housing licensing and housing conditions including the issuance of improvement notices and prohibition orders under the Housing Act 2004, banning orders under the Housing Planning Act 2016 and enforcement powers relating to statutory nuisances under the Environmental Protection Act 1990.

    At HCLC, Jeremy gained of experience of housing, homelessness and allocations including:

    • Regularly attending the County Court at Clerkenwell and Shoreditch as duty advisor for the possession list.
    • Possession proceedings including rent arrears, disrepair and Equality Act 2010 issues.
    • Succession cases including difficult cases where applicants had no evidence and succession depended on credibility, and discretionary succession.
    • Two successful housing allocations judicial reviews against Croydon LBC which were settled after permission was granted.
    • Section 202 reviews on a range of issues including priority need, eligibility, suitability, intentional homelessness, reasonableness to occupy etc.
    • Section 204 appeals including reasonableness to occupy for a victim of domestic violence, the suitability of out of borough offers of accommodation and intentional homelessness.

    During pupillage, Jeremy assisted with:

    • Advising a council on the consequences in terms of security of tenure of transferring temporary accommodation from private ownership to council ownership.
    • Drafting grounds of defence to a judicial review of a local authority for failure to provide accommodation under the Care Act 2014 where there was an alternative remedy of another local authority providing Housing Act 1996 accommodation.
    • Drafting grounds of defence to a judicial review claim of a local authority’s allocations scheme being challenged under articles 8 and 14 ECHR.
  • Welfare Benefits

    Prior to pupillage, Jeremy was Public Law and Welfare Benefits Supervisor at the Hackney Community Law Centre and has over six years’ experience of welfare benefits casework. His work included:

    • Drafting template pre-action protocol letters before claim for Child Poverty Action Group;
    • Representing appellants in complex First-tier Tribunal (Social Entitlement Chamber) appeals including human rights cases;
    • Regularly appearing as advocate and/or representing benefits applicants in Upper Tribunal appeals of First-tier Tribunal benefits appeals;
    • Advising members of the public and colleagues on the interaction between welfare benefits and housing issues.

    Jeremy represented benefits applicants, both as an advocate and a caseworker who instructed counsel, in the Upper Tribunal challenging First-tier Tribunal benefits decisions on public law grounds including:

    • NA v SSWP (ESA) (2019) unreported: whether the FtT applied the correct test as to “substantial risk” under regulation 35 of the Employment and Support Allowance Regulations 2008 (decided on the papers).
    • JG v SSWP (IIDB) (2019) unreported: whether the FtT applied the correct legal test or gave adequate reasons in an industrial injuries disablement benefit appeal (as advocate).
    • JP v SSWP (DLA) (2020) unreported: representing a child with autism in a disability living allowance appeal as to whether a child’s behaviour was unpredictable because, while the triggers of the behaviour were known, the events that triggered that behaviour were themselves unpredictable (as advocate).
    • AE v SSWP (DLA) (2021) unreported: whether the FtT had applied the correct legal test and considered the relevant medical evidence when determining a disability living allowance appeal (as advocate).
    • AM v SSWP (PIP) (2022) unreported: whether the FtT had applied the correct legal test as to whether a disability affected the appellant for the “majority of the time” under regulation 7 of the Social Security (Personal Independence Payment) Regulations 2013 (decided on the papers).
    • Waltham Forest LBC v PO (HB) [2022] UKUT 58 (AAC): whether the FtT applied the correct legal test for the qualified carer exemption to “bedroom tax” for housing benefit (as caseworker).
    • DG v LB Bromley (HB) (2023) unreported: whether the failure of a housing benefit officer to record information communicated orally to them was an official error of the purposes of housing benefit overpayments (as advocate).

      Jeremy gained experience of the applicability of ECHR and EU law to benefits cases, both as an advocate and a caseworker who instructed counsel including:

    • LK v SSWP (PIP) (2022) unreported: the FtT accepted the argument that the past presence test for Personal Independence Payment was unlawfully discriminatory against victims of domestic violence with indefinite leave to remain under the domestic violence settlement route in breach of article 1 protocol 1 and article 14 ECHR (as advocate).
    • SE v SSWP (UC) (2023) unreported: a case in the FtT arguing that the exclusion of victims of domestic violence with pre-settled status but without an underlying right to reside was in breach of article 1 protocol 1 and article 14 ECHR and the EU Charter of Fundamental Rights. This case was stayed behind AT v SSWP [2023] EWCA Civ 1307; [2024] 4 C.M.L.R. 10 (as advocate).
    • FE v HMRC (CTC) (2023) unreported: a case in the FtT arguing that requiring a disabled individual to respond to a tax credits notice under section 17 of the Tax Credit Act 2002 without further support was in breach of articles 8 and 14 ECHR and article 1 of protocol 1 ECHR (as advocate).
    • HM v SSWP (BB) [2023] UKUT 15 (AAC): whether the exclusion of cohabiting partners without children from claiming bereavement benefit was in beach of articles 8 and 14 and article 1 of protocol 1 ECHR (as caseworker).
  • Planning and Environment

    Jeremy is keen to build up a planning, environmental and climate practice, with a particular interest in claimant environmental and climate work. During Jeremy’s public law LLM, he studied Land Use, Sustainability and Environmental Justice and the Law and Policy of Climate Change.

    Prior to pupillage, Jeremy was a part-time Planning Voice Caseworker for Southwark Law Centre. During that time, Jeremy:

    • Assisted a Black-British business to challenge a planning permission granted by a local authority where the decision failed to comply with section 149 Equality Act 2010.
    • Assisted traders to object to a compulsory purchase order application in relation to the Elephant and Castle Shopping Centre.
    • Advising traders relocated from the Elephant and Castle Shopping Centre on their rights under a section 106 agreement.
    • Assisted the 35% Campaign Group to make representations on the amount of social housing which would be provided in a large-scale housing development in Southwark.
    • Advised a campaign group on how a local authority’s heritage protection plans applied to a planning application.
    • Advised Extinction Rebellion on the refurbishment of council estates and the merits of challenging the decision to demolish, rather than refurbish, a council owned tower block.
    • Advising residents of a marina as to the Equality Act 2010, Human Rights Act 1998, and planning law implications of a decision to redevelop the marina.

    During pupillage, Jeremy assisted with:

    • Advising local campaign groups on the merits of planning and environment judicial review claims.
    • Advising and drafting grounds for both developers and the Secretary of State in relation to challenges to Inspectors’ planning decisions.
  • Licensing

    Jeremy is keen to develop a practice in housing licensing and housing conditions including the issuance of improvement notices and prohibition orders under HA 2004, banning orders under HPA 2016 and enforcement powers relating to statutory nuisances under EPA. During pupillage, Jeremy has gained experience of housing licensing cases.

  • Information Law and Data Protection

    Jeremy is keen to develop a practice in information and data protection law. Prior to pupillage, Jeremy volunteered at Big Brother Watch as a researcher investigating the use of algorithms and artificial intelligence in the social welfare sector and assisted with making freedom of information requests to police forces regarding their use of facial recognition technology.

    During pupillage, Jeremy assisted with:

    • Advising and drafting a pre-action protocol letter for a law centre challenging a refusal to grant legal aid for Freedom of Information Act 2000 appeal proceedings where a refusal to do so was argued to breach the applicant’s rights under Article 10 ECHR.
    • Drafting opinions on the lawfulness of data sharing between local authorities and other organisations.
    • Researching the applicable law for Freedom of Information Act 2000 appeals.